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2020 (11) TMI 593

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..... IT (LODG.) NO. 3579 OF 2020 - -
Customs
N.J. JAMADAR, J. Mr. Rahul Narichania, Senior Advocate a/w. Mr.Vikrant Shetty i/b Mr.Gurdeep S. Sachar for applicant. Mr. Ajai Fernandes a/w. Ms. Sneha Pandey i/b M/s. Motiwalla & Co. for respondent No.2-Bombay Port Trust. Mr. D.S. Choudhari, Deputy Sheriff present. P.C. 1. This interim application is moved by the applicant who is the successful b .....

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..... urther avers that the respondent No.2 is claiming 'Port dues' at a higher rate than legally permissible. In view of the alleged excessive demands, the applicant is not in a position to sail the ship. Hence, the application. 3. The matter was listed yesterday. It transpired that the respondent Nos. 1 and 2 had yet not raised the demand, though the applicant claimed that the amount was conveyed to .....

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..... e charges claimed by the respondent No.2-Bombay Port Trust for the said period i.e. Rs. 1,23,35,351/- plus two more days anchorage charges @ Rs. 17,62,193/- per day, with the Office of Sheriff, Mumbai. The applicant is also ready to deposit a sum of Rs. 2,90,960/- towards light dues chares. 7. The learned Senior counsel for the applicant further submits that if on account of any unforeseen event, .....

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..... e, thus, kept open for consideration. 10. For the present, to meet the exigency of the situation, the following order is passed : O R D E R (i) The applicant - M/s. NKD Maritime Limited shall deposit a sum of Rs. Rs. 1,58,59,737/- with the office of Sheriff of Mumbai by tomorrow, 19.11.2020. (ii) The Sheriff shall hold the amount so as to abide by the further directions that may be issued by .....

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..... nt with the office of Sheriff, the applicant as well as the competent officer, attached to the Sheriff's office, shall communicate the said factum of deposit of the amount to the Deputy Conservator of Port and the Customs Authority. (vii) All rights and contentions of the parties on the quantum of the charges as well as the entitlement thereto are kept open for consideration. (viii) The respon .....

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